THE court process is re-traumatising victim-survivors of sexual violence, with some being diagnosed with post-traumatic stress disorder (PTSD) and experiencing suicidal thoughts, according to a new report published today, Thursday 10 October 2024, by the charity Victim Support.

Some made suicide attempts whilst going through the court process.

Suffering for Justice, which examines the experience of sexual violence victim-survivors where the defendant has been charged and the case has gone to court, found 3/4 (73%) of victim-survivors were subjected to questions and accusations associated with rape myths by the defence, during cross examination. 

Of cases analysed:-

• 1/3 (36%) of victim-survivors were asked what they did to stop the offence while it was happening

• 1/3 (33%) faced accusations that pursuing justice was a way of seeking revenge

• 1/3 (33%) experienced questions about their alcohol consumption or substance use

• 15% faced questions about what they were wearing

• 12% faced questions and accusations that the incident was just regretful or bad sex

Victim Support says the use of rape myths and victim-survivors’ sexual history must stop.

The research focuses on victim survivors’ experience across 3 stages:- before, during and after giving evidence, revealing long waits every point:-

• Half (50%) of cases analysed waited 3 years or more from the point of reporting to the police to the 1st court date.

• Half (47%) of cases analysed were adjourned, some up to 4 times, often at the last minute, with no explanation. 
   

Lengthy waits of up to 11 months persisted at sentencing and, even when there was a guilty verdict, offenders who lived close to victim-survivors were sometimes not remanded in custody.

The report exposes an absence of information and updates at every stage of the criminal justice process.

Some victim-survivors went as long as 8 months without receiving any communication and the information they did get was often confusing or altogether inaccurate.

Katie Kempen, Chief Executive Officer at Victim Support said:- “The court process is, quite simply, asking too much of victim-survivors. There is a post code lottery, when it comes to whether they are receiving vital rights – like special measures and information about the progress and outcome of their case.”

According to the research, special measures, which aim to improve experiences of court – such as being able to give evidence behind a screen or via video link - were not consistently offered or properly explained to victim-survivors.

Long waits for trial meant victim-survivors who had been granted additional special measures as children had become adults by the time their case reached court, meaning they were then denied.

At court, they experienced unwanted contact with the defendant or the defendant’s supporters and at the end of the process were left with little understanding or access to information about what the sentence actually meant. 

Kempen continues:- “Victim-survivors who go to court are left dealing not only with the impact of the crime, but also their experience of the criminal justice system. The process is re-traumatising people and profoundly damaging their mental health - many regret that they ever reported the crime to the police. This research must be a catalyst for change – victim-survivors are paying way too high a price for justice.”

Victim Support is calling on the government and criminal justice agencies to:-

• End use of rape myths and victim-survivors’ sexual history by the defence.

• Deliver victim-survivors every single one of their rights under the Victims’ Code.

• Make tangible, time bound commitments to reducing court delays and adjournments.

• Provide free, timely transcripts of judges’ sentencing remarks for victim-survivors.

Case study – Ellie, victim-survivor of rape 

Ellie faced 5 years of court delays and fought a police decision to close her case, after being raped in 2018.

She reported to the police who arrested the perpetrator, before releasing him under investigation.

“He lived very close to me and I constantly thought I was going to run into him and wondered if he was doing what he did to me to someone else. That made it very difficult for me to move on.”

6 months later, her fears were realised, when the offender was re-arrested for another rape.

Still, the police made no charges. 

Then in 2021, Ellie got a call from a detective, informing her that they were closing her case. 

“It was told in a phone call like it was the most casual thing in the world.”

With the help of her sexual violence support worker, Ellie successfully appealed the decision.

“I had to fight to get it reopened … That they would put victims through that is just awful.”

The trial was eventually scheduled for 2023 and Ellie had to undergo cross-examination.

“Taking the stand was the scariest thing I’ve ever done in my life. It felt like I was walking to the gallows or like an animal in a corner being attacked.”

The defence asked Ellie about CCTV footage of her adjusting her top whilst stood by the offender.

“I had to justify an action that was normal to me. I had to say to a room full of strangers, I have big breasts and I have to adjust them.”

The most difficult moment was when they brought up his account of what happened.

“They tried to make out it was some kind of revenge. That I had this wild night, then regretted it.”

When the trial ended, the perpetrator was found unanimously guilty and sentenced to 19 years.

Ellie believes the way the criminal justice system treats victim-survivors must change.

“The efficiency and communication in the police towards me as a victim seemed really bad."

“In my mind it doesn’t make sense that this man wouldn’t have done this to someone else over those 5 years, like he did to the other woman. So, if this whole process had happened faster, it could have prevented more victims for this monster.”


Case study - Kate, victim-survivor of sexual assault 

Kate, a victim of sexual assault, waited 3years and experienced 3 adjournments before her case eventually came to trial in 2023. 

When she reported the assault, she was a child and was offered several special measures.

But by the time her court date finally came around, she was aged over 18, which meant some of the special measures previously granted were denied.

“They were like, ‘Technically, you’re an adult’.”

When it came to court and the cross examination, the defence barrister asked a lot of questions which she felt were inappropriate and unrelated to her case.

“She asked me what I was wearing and that didn’t sit right with me … She made it out like I was doing something to provoke him … Some of the questions were a bit far. She was almost victim blaming … Just as the questioning had finished, I started crying.”

Afterwards, Kate turned to her sexual violence support worker, who was supporting her in court. 

“I sobbed in her arms … I couldn’t have done it without having her next to me.”